Allowed

Akbar v. State of Kerala

Kerala HC6 Feb 2023Bail Appl./462/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, in a bail application, granted regular bail to two accused charged under Sections 22(b) and 25 of the NDPS Act for possessing intermediate quantity of MDMA, noting their first-time offender status despite the final report being filed.

What did the court decide?

Bail granted on execution of bond for Rs.50,000 with two solvent sureties, non-interference with witnesses, cooperation with trial, and surrender of passports.

Akbar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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MONDAY, THE 6TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944

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BAIL APPL. NO. 462 OF 2023

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CRMP.NO.3127/2022 OF ADDITIONAL SESSIONS COURT -1, THIRUVANANTHAPURAM

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CRIME NO.1152/2022 OF VANCHIYOOR POLICE STATION

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PETITIONERS/ACCUSED NOS.1 & 2:

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1AKBAR
AGED 24 YEARS, S/O.ABDUL VAHID
RESIDING AT TC. 49/116(2), KALIPPANKULAM WARD,
MANACAUD, THIRUVANANTHAPURAM, PIN - 695009

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2MEHARAJ
AGED 29 YEARS
S/O ABDUL HAKKIM, RESIDING AT TC. 46/777, MANIKYAM
VILAKAM, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM,
PIN - 695026
BY ADVS.
MITHUN P.
KUMARADHAS J.P.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031

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BY SR.PUBLIC PROSECUTOR SRI.P.G.MANU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 462 OF 2023 2

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ORDER

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Dated this the 6^th day of February, 2023.

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This is an application for regular bail filed by accused Nos.1 and 2 in

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Crime No.1152/2022 of Vanchiyoor Police Station.

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Heard the learned counsel for the petitioners as well as the

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learned Public Prosecutor.

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The prosecution case as could be read out from the case diary placed by the learned Public Prosecutor is that, at 23.30 hrs on 10.11.2022, the accused possessed 2.58 grams of MDMA. The specific allegation is that the 1^st accused possessed 2.400 grams and the 2^nd accused possessed 0.180 grams of MDMA, against the prohibitions contained in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’ hereinafter). Accordingly, the accused were arrested from the spot along with the contraband. Thereafter, crime was registered alleging commission of offences punishable under Sections 22(b) and 25 of the NDPS Act.

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The learned counsel for the petitioners would submit that the

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petitioners are innocent. According to him, only intermediate quantity of

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BAIL APPL. NO. 462 OF 2023 3

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contraband was seized from them and the petitioners are first time offenders.

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He also would submit that they have been in custody from 10.11.2022 and final

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report already filed.

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Whereas, the learned Public Prosecutor opposed bail, highlighting

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the seriousness of the offences. At the same time, it is submitted that final report already filed.

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Since the petitioners have no criminal antecedents and they have

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been in custody from 10.11.2022, I am inclined to grant bail to the petitioners.

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Therefore, the petitioners can be enlarged on bail on the following conditions:

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i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each by themselves and with two solvent sureties, each for the like amount to the satisfaction of the Special court concerned.

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ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the trial and shall be available for trial.

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iii. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court.

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iv. The petitioners shall surrender their passports before the Special

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BAIL APPL. NO. 462 OF 2023 4

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Court on the date of execution of the bail bonds, since they are on interim bail. If the petitioners have no passports, they shall file affidavits to that effect.

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v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN JUDGE

//TRUE COPY//

PA TO JUDGE

Akbar v. State of Kerala

Case brief

What is this about?

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Akbar v. State of Kerala

Case brief

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